The Supreme Court on Friday dismissed the petition filed by the Centre against the Karnataka HC order demanding it to increase the allocation of oxygen to 1,200 MT while stating that we find order of the HC is well reasoned, calibrated and thus we decline to interfere.
Justice D.Y. Chandrachud has said the Karnataka High Court order does not preclude a resolution reached by the centre and state. The HC decision was calibrated one and in pursuance to the state demand. At this stage, we find order of the HC is well reasoned, calibrated and thus we decline to interfere.
We will not leave the citizens of Karnataka in the lurch,” said the bench of Justices D.Y Chandrachud and M.R. Shah.
The central government had on Thursday moved the apex court against an order of the Karnataka HC asking it to increase daily liquid medical oxygen (LMO) allocation for state from present 965 MT to 1200 MT.
During the hearin, Solicitor General Tushar Mehta submitted, “Every State has need, but if the HC orders this not something correct.”
Justice D.Y. Chandrachud replied: “We have read the order.”
Mehta said, “Just one submission, the Central government is not and cannot be averse, such PILs are being filed in every HC every day…if every HC starts ordering but we can sit together.”
Justice Chandrachud said this State has said that even after the projection of number of cases requirement is 1700MT, it was said minimum of 1200MT. It is a well-calibrated order.
SG Mehta submitted, “If the High courts starts Judicially ordering, where will it lead. This leaves room for every HC to examine and pass orders, I’ll leave this to your Lordships.”
Justice D.Y. Chandrachud noted that this Court notice certain aspects, the allocation for the State of Karnataka was 832MT, which was increased to 865MT, later it increased by Union Government 961MT. Karnataka had projected 1162 MT. The Karnataka High Court order does not preclude a resolution reached by the center and state. The HC decision was calibrated one and in pursuance to the state demand. At this stage we find order of the HC is well reasoned, calibrated and thus we decline to interfere.
Justice Shah said, “We are absolutely concerned about the difficulty of the Center, if the real necessity is there then what would be done.”
Prior to hearing the case against Karnataka HC’s order, the Supreme Court ordered the Centre to supply 700 metric tonnes of oxygen to Delhi everyday “till further orders”.
“Don’t force us to take coercive steps. Tell your officers to comply with our order of 700 MT of oxygen every day,” the Apex Court told Mehta.
The apex court had on Thursday told the central government that Delhi must get at least 700 tonnes of oxygen every day to meet the needs of Covid-19 patients.
“If nothing is to be hidden, let it come before the nation how allocation and distribution is done transparently by the Centre,” the court said.